KANCHAN G. ROHIRA vs NIRMAN CONSTRUCTIONS PVT.LTD. AND 3 ORS.

Judgment text excerpt

:1: OS-APEALS-171-10+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.171 OF 2010 IN SUIT NO.1642 OF 1984 WITH INTERIM APPLICATION [LODGING] NO.8008 OF 2026 IN APPEAL NO.171 OF 2010 Kanchan G. Rohira ...Appellant Versus Nirman Constructions Pvt. Ltd. …Respondent ….. WITH APPEAL NO.490 OF 2010 IN SUIT NO.1642 OF 1984 Suresh Bhagwandas Dhoot ...Appellant Versus Kanchan Gopal Rohira and others …Respondents ----- Mr. Shailesh Shah, Senior Advocate a/w. D. Banerji, Niranjan Jagtap i/b. M/s. Niranjan Jagtap & Co. for the Appellant in Appeal No.171/2010 Mr. Simil Purohit, Senior Advocate a/w. Rubin Vakil, Faran Khan, Manish Doshi, Anjali Ajmera i/b. Vimadalal & Co. for the Appellant in Appeal No.490/2010 and for the Respondent No.4 in Appeal No.171/2010. ----- CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ. RESERVED ON : 11th MARCH, 2026 PRONOUNCED ON : 02nd APRIL, 2026 JUDGMENT: [Per Sarang V. Kotwal, J.] 1. Both these Appeals are decided by this common judgment because they arise out of the same judgment and decree 1 of 58 Deshmane(PS) :2: OS-APEALS-171-10+.odt dated 14.1.2010 passed in Suit No.1642/1984. For convenience, the parties are referred to by their original status in the Suit. Appeal No.171/2010 is preferred by the original Plaintiff Kanchan Rohira and Appeal No.490/2010 is preferred by the original Defendant No.4 Suresh Dhoot. 2. The Suit was filed by the Plaintiff for specific performance of the agreement dated 9.1.1977 executed between the Plaintiff and the Defendant No.1 Nirmal Constructions Private Limited. Initially, the suit was filed only against the Defendant No.1. However, during pendency of the Suit, the Defendant No.1 had informed the Plaintiff that the flat which was the subject matter of the agreement was